R 172310Z JUN 09
FM AMEMBASSY CANBERRA
TO SECSTATE WASHDC 1641
INFO AMCONSUL MELBOURNE 
AMCONSUL PERTH 
AMCONSUL SYDNEY 
DEPT OF HOMELAND SECURITY CENTER WASHINGTON DC

C O N F I D E N T I A L CANBERRA 000568 
 
 
DEPARTMENT FOR S/CT FOR HILLARY BATJER JOHNSON AND PAUL 
SCHULTZ, AND DS/IP/EAP FOR GEORGE LAMBERT, NCTC 
 
E.O. 12958: DECL: 06/18/2034 
TAGS: ASEC CVIS KVPR PGOV PREL PTER
SUBJECT: GOVERNMENT OF AUSTRALIA-INFORMATION COLLECTION, 
SCREENING AND SHARING 
 
REF: A. 06 STATE 190832 
     ¶B. 07 STATE 133921 
     ¶C. 08 STATE 048120 
     ¶D. 09 STATE 32287 
 
 
Classified By: Charge d'Affaires a.i. Daniel Clune for reason 1.4(b) an 
d (c) 
 
¶1. (U) The Australian government is forward leaning in both 
maintaining border security and providing assistance to 
partners in the fight against terrorism. To that end, robust 
and dynamic protocols are in place to ensure that the 
movement of suspected and known terrorists are monitored and 
thwarted. This has been and continues to be a 
whole-of-government effort. In response to State 133921, post 
submits the following information on GOA practices with 
regard to information collection, screening and sharing. 
 
BEGIN EXTRACT 
 
¶2. (C)A. Watch listing: 
 
The Australian Customs and Border Protection Service (Customs 
and Border Protection) maintains a watch list and works 
closely with intelligence and law enforcement parQrs to 
ensure that border security is maintained through the sharing 
of intelligence and other available information. Information 
is shared within the parameters of Australia's privacy 
legislation. 
 
Immigration maintains the Central Movement Alert List. This 
list hosts identities of concern ranging from immigration 
malpractice, criminals, war crimes and national security 
concerns. The Document Alert List component of CMAL contains 
details of travel documents of concern. CMAL operates against 
all visa issuing processes, during check-in using Australia's 
Advance Passenger Processing (APP) system and is able to 
prevent travel by refusing boarding permission. 
 
Immigration also coordinates the Regional Movement Alert 
System (RMAS) - a joint system shared between Australia, the 
US and New Zealand and focused on lost and stolen travel 
documents. 
 
¶B. Traveler Information Collection: 
 
Customs and Border Protection uses Passenger Name Record 
(PNR) information from airlines' reservation and departure 
control systems to risk assess passengers before arrival. 
Analysis of PNR and other relevant data plays a critical role 
in the identification of possible persons of interest in the 
context of counter-terrorism, drug trafficking, identity 
fraud, people smuggling and other serious transnational 
crimes. PNR data provided by airlines includes name and 
address details, ticketing, check in, seating, form of 
payment, travel itinerary and baggage information. PNR 
information is shared with other Australian government 
agencies within the confines of Australia's privacy 
legislation and obligations under international treaties. 
 
In addition to PNR data, Customs and Border Protection 
receives advance passenger information (API) data from the 
Department of Immigration and Citizenship (DIAC) for most 
passengers and crew. This data includes information on 
identity, passports, other travel documents and flight 
details. For military and charter flight operators that are 
not subscribers to the DIAC system, this information is 
provided directly to Customs and Border Protection. Australia 
implemented mandatory API reporting in January 2003 for 
operators of international passenger aircraft and cruise 
ships traveling to or transiting Australia. In March 2009, 
legislative amendments introduced provisions that enable 
infringement notices to be issued, in lieu of prosecution, to 
air and sea carriers that breach mandatory API reporting 
requirements. This measure seeks to strengthen the integrity 
of Australia's borders and to provide carriers an option to 
improve compliance without resorting to court action. This 
infringement regime will be implemented during 2009-10. 
 
¶C. Border Control and Screening: 
 
Customs and Border Protection officers exercise a diverse 
range of powers, the authority for which is legislatively 
based. TQe powers are directed to the agency's border 
control and aviation security responsibilities. Customs and 
Border Protection officers' powers include powers to 
question, search, examine, detain, board and arrest. Customs 
and Border Protection is also a clearance authority under 
Australia's Migration Act 1958 and performs the clearance 
function at airports and ports on behalf of DIAC. Cases of 
concern are referred for processing to DIAC specialist staff 
who are able to refuse entry clearance to persons of concern 
and also initiate more complex responses (for example 
protection claims by asylum seekers). 
 
Customs and Border Protection works closely with other border 
management agencies including DIAC, Australian Quarantine and 
Inspection Service (AQIS), Australian Federal Police (AFP), 
the Department of Infrastructure, Transport, Regional 
Development and Local Government (Infrastructure) and 
intelligence agencies in relation to border control and 
screening. 
 
As part of Australia's border security management process, 
all applicants who apply for an Australian visa are required 
to meet relevant health character and security requirements. 
 
In order to facilitate security requirements, DIAC manages 
the Security Referral Service (SRS) which provides a systems 
connectivity between DIAC and the competent Australian 
intelligence authorities. 
 
Some visa applicants undertake in depth security assessments 
prior to visa issue. 
 
The SRS has been directly attributed to significant reduction 
in average security referral processing times. The SRS also 
has well developed reporting mechanisms which allow for 
transparent reporting 
 
¶D. Biometric Collection 
 
Through the Australian Passport Office, the Department of 
Foreign Affairs and Trade (DFAT) provides passport services 
to Australians. In 2005, Australia committed 67.5 million 
dollars to the development of Biometric technology in the 
Australian Passport, including a Facial Recognition system to 
support biometric matching. Since October 2005, all 
Australian ePassports contain a chip which stores the 
applicant's personal data (i.e. name, date of birth, 
nationality and passport number). It also holds a photo of 
the applicant that can be used for facial recognition, which 
is the primary biometric identifier used in Australian border 
management processes. As at May 2009, over 11 million 
biometric images are stored within the DFAT Facial 
Recognition system and 4.9 million ePassports are in 
circulation (approx 49 percent of total passports in 
circulation). 
 
Australia's automated border control system, SmartGate, is a 
program that allows ePassports to be read at kiosks which 
utilize facial recognition to process travelers. Smartgate 
has now been deployed for arriving Australian and New Zealand 
ePassport holders, over 18 years of age, at five of 
Australia's international airports. SmartGate kiosks have 
also been installed at Auckland International Airport in New 
Zealand to allow eligible travelers to complete the first 
step in border processing prior to departing for Australia. 
 
DIAC currently collects fingerprints from persons in 
immigration detention, including illegal foreign fishers. 
 
¶E. Passports 
 
All Australian Passports have chips that comply with 
standards sets by the International Civil Aviation 
Organization (ICAO). In addition to basic access control, the 
N Series Passport (released in May 2009) incorporates Active 
Authentication technology to detect attempts to fraudulently 
clone or copy the chip. The data contained on the chip can be 
accessed only after the Machine Readable Zone at the base of 
the document has been successfully read. 
 
As part of the chip writing process, the information on the 
chip is "signed" using a Public Key Infrastructure (PKI) 
certificate and a copy of the public certificate is then 
written to the chip. The chip is then locked to prevent 
tampering. Any tampering with the chip would be detected 
through the certificate validation process. The Customs 
SmartGate border system also uses this technology to validate 
Australian ePassports at the border. 
 
Replacement passports are issued for full validity. According 
to DFAT, if an Australian citizen qualifies for a passport he 
rightly qualifies for full validity. In cases where an 
applicant's citizenship is not in question but they fail to 
meet the requirements for full validity, a limited validly 
emergency passport can be issued. These passports contain 
only a few visa pages, are normally valid for seven months 
and contain no chip. 
 
- Repeat passport losers pay a fee for each lost passport in 
a 5 year period. The fee for the first lost passport is 69 
dollars, the second is 208 dollars, the third 416 dollars and 
the fourth 416 plus a replacement valid for only five years. 
This is in addition to normal processing fees. 
 
- There is no difference in appearance or size of replacement 
passports. 
 
- GOA has not/not noticed a trend towards "clean" passports. 
 
¶F. Fraud Detection 
 
The Passport Fraud Section (PFS) of the Australian Passport 
Office retains fraudulent and damaged documents for 
examination and analysis of trends. PFS has established an 
electronic register to assist this analysis. Some fraudulent 
documents are retained for training and exhibit purposes. 
Others deemed to have no future value are destroyed. 
 
DIAC maintains forensic document examiners at all major ports 
of entry and also trains its Airline Liaison Officers 
(stationed at major hubs off-shore), overseas compliance 
officers (stationed at diplomatic posts) and border personnel 
from regional countries to facilitate more effective 
detection of fraudulent travel documents. 
 
DIAC also maintains a global intelligence database (IMtel). 
This provides access to all DIAC staff (including off-shore) 
to document alerts, fraud reporting, general immigration 
intelligence and analytical reports generated by DIAC staff 
or received from allied countries. IMtel also provides 
real-time analytical tools and supports global working on 
cases of concern. 
 
¶G. Freedom of Information 
 
Intelligence and security agencies are exempt from 
Australia's Freedom of Information Act 1982 (FOI Act). 
Documents that have originated with, or been received from, 
certain agencies, such as the Australian Security 
Intelligence Organization (ASIO), are exempt from this 
legislation. (Such documents, however, fall within the public 
access regime of the Archives Act 1983 once they reach 30 
years old; and while exemptions may be sought, they are 
subject to a statutory appeal process.) Agencies that are 
subject to the FOI Act must respond to FOI requests, in 
accordance with the provisions of that legislation. 
 
Decisions to refuse access to documents can be subject to 
internal review by the agency and then external review. 
 
Non-citizens can make requests under the FOI Act. However, 
one of the requirements for a valid FOI request is an address 
in Australia for the service of documents. 
 
Further information on the FOI Act, including proposed 
reforms, is available from the Australian Government 
Department of the Prime Minister and Cabinet's website 
www.pmc.gov.au/foi 
 
¶H. Privacy 
 
The Privacy Act 1988 (Privacy Act) gives effect to 
Australia's obligations under Article 17 of the International 
Covenant on Civil and Political Rights as well as its 
agreement to implement Guidelines adopted in 1980 by the 
Organization for Economic Cooperation and Development (OECD) 
for the Protection of Privacy and Trans-border Flows of 
Personal Data. It applies to residents, both citizens and 
non-citizens alike and to both the public and private 
sectors. Most State and both Territory Governments have their 
Qsectors. Most State and both Territory Governments have their 
own privacy laws. 
 
The Act provides for the protection of personal information 
in the possession of federal government departments and 
agencies and private sector organizations with an annual 
turnover of $3m . It gives individuals a right to know what 
information an agency or organization holds about them and a 
right to correct that information if it is wrong; and it 
provides for complaints handling and allows for the Privacy 
Commissioner to make determinations, including for 
compensation, where breaches of privacy are found. 
 
The Privacy Commissioner also has functions in the areas of 
credit reporting, data matching, and spent convictions. 
 
The Australian Government is currently considering 
recommendations to reform the Privacy Act and will respond in 
two stages over the next two years (2010-11). 
 
END EXTRACT 
 
 
¶3. (SBU) FURTHER INFORMATION ON IMMIGRATION PROCESSES 
 
Australia has a non-discriminatory immigration program and a 
universal visa system that requires all non-citizens to 
obtain a visa before entering Australia. Visitors to 
Australia from the United States and some thirty other 
countries are eligible to apply for an Electronic Travel 
Authorization (ETA) through a travel agent, airline, 
Australian visa office, or other approved service provider. 
In certain cases, the application may be completed online. 
The Australian Department of Immigration and Citizenship 
(DIAC) is the competent authority for issuing visas. 
 
When entering Australia, the Australian Migration Act 1958 
requires citizens and non-citizens to identify themselves to 
a clearance authority and to provide certain information in 
order to enter Australia. This process is designed to 
regulate the entry of people to Australia and to ensure that 
those who enter have the authority to do so, that they are 
who they claim to be, and that they provide other information 
if required. 
 
Under this process, the clearance authority examines a 
person's authority to enter Australia and checks that the 
person is an Australian citizen, a visa holder or a person 
eligible for a visa in immigration as well as the person's 
travel document. 
 
The Australian Migration Act 1958 allows for fines of up to 
AUD $10,000 for the master, owner, agent, charter and 
operator or agent of a vessel that carries any non-visaed 
person to Australia. As a matter of policy, DIAC may issue 
infringement notices for up to AUD $5000 for the same 
offense, where organized malpractice is not an issue. 
 
In March 2009, legislative amendments introduced provisions 
that enable infringement notices to be issued, in lieu of 
prosecution, to air and sea carriers that breach mandatory 
API reporting requirements. This measure seeks to strengthen 
the integrity of Australia's borders and to provide carriers 
an option to improve compliance without resorting to court 
action. From l July 2009, this infringement regime will be 
implemented in respect of airlines that fail to provide 
advance reports on airline passengers and crew. The 
implementation date for cruise ships is to be confirmed. 
 
Australia's border management system is based on a number of 
'layers', as follows: 
 
      1) Australia's Universal Visa System 
      Australia's universal visa system is the first line of 
defense against the entry of people who pose a security, 
criminal or health risk. All non-citizens are required to 
hold a current visa to enter and stay in Australia. 
 
      2) Overseas Compliance Officers (OSCOs) 
      OSCOs are specialist immigration compliance officers 
located in high immigration risk regions overseas whose job 
is to identify and respond to immigration malpractice. They 
work closely with visa officers to detect and combat  fraud 
in visa caseloads. As at 1 June 2009, there are 28 OSCOs at 
21 posts in 18 countries. 
 
      3) Immigration Alert Checking 
      The Movement Alert List (MAL) is DIAC's principal 
electronic alert system and forms an integral part of 
Australia's national security and border control strategy. 
MAL consists of a Person Alert List (PAL) and a 
Document Alert List (DAL). 
 
      The purpose of MAL is to alert DIAC's decision makers 
to information the Department holds about an individual 
during the processing of visa and citizenship applications, 
passenger processing at overseas check-in points (eg. 
airports) and immigration clearance at the Australian border. 
 
      As at the end of May 2009, there were approximately 
700,000 identities listed on the PAL. People may be listed on 
MAL when they have serious criminal records. Other 
people listed include those whose presence in Australia may 
constitute a risk to the Australian community and people who 
may not enter Australia as they are subject to  exclusion 
periods prescribed by migration legislation. This can occur 
for a number of reasons, including health       concerns, 
debts owed to the Commonwealth or other adverse immigration 
records. 
 
      As at the end of May 2009, there were about 1.85 
million documents (i.e. lost, stolen or fraudulently altered 
are   also recorded on the DAL. 
 
      Details identifying people of concern are recorded on 
MAL as a result of the Department's liaison with law 
enforcement agencies and departmental offices in Australia 
and overseas. 
 
      Central MAL (CMAL) ensures that the management of the 
MAL, and the matching of potential visa and citizenship 
applicants against individuals and/or documents of concern on 
the PAL or DAL, is undertaken in a purpose designed   center 
of excellence using specialized analysts, state of the art 
technology and the most sophisticated name      search 
software, operating 24/7. CMAL ensures: 
 
      - All clients are checked against the most up to date 
version of the movement alert list, at the time of 
application instead of after a visa has been granted. 
 
      - That there is a once-only need for human assessment 
of possible MAL matches for each client unless new 
information is received. 
 
      - That DIAC decision makers now receive a visible, up 
to date MAL Status for each client in the Department's 
visa/citizenship processing systems in real time. If there is 
a MAL true match a decision on entry is taken by      the 
Department in consultation with any other relevant agency. 
 
      The Regional Movement Alert System (RMAS) enables 
participating APEC economies to verify the status of 
passports   in real-time at the source, alerting the relevant 
agencies if action is required. These checks are conducted in 
real-time against passport databases owned and managed 
by the respective document issuing authorities of the 
participating APEC economies. RMAS is an initiative of the 
APEC Business Mobility Group. It currently involves 
Australia, the United States of America and New Zealand. 
 
      4) Advance Passenger Processing (APP) 
      Australia's Advance Passenger Processing (APP) system 
is the next layer in Australia's approach to border 
management. Under this system, all airlines and cruise ships 
must provide DIAC with information on all passengers  and 
crew, including transit passengers, traveling to or via 
Australia, as required under the Migration Act. This 
information is collected at check-in through the APP system 
and is transmitted to Australia for use by border 
agencies prior to the arrival of the vessel. The data 
transmitted to Australia is cross-checked against 
Australia's immigration databases, as well as alert systems 
such as DAL and RMAS. 
 
      The APP system also assists airlines by enabling them 
to check if a passenger has authority to travel to 
Australia, such as a valid visa or Australian passport. This 
helps to reduce the incidence of airlines carrying 
inadmissible or inadequately documented passengers to 
Australia. 
 
      APP checking occurred in about 99.8 per cent of all 
passenger and crew air arrivals during 2007-08. Since 2004, 
international cruise ships have used the APP system to check 
more than 174,000 passengers and 98,000 crew. This 
represents over 99 per cent of cruise ship arrivals with only 
minor administrative errors affecting 100 per cent 
compliance. During 2007-08, more than 55,900 passengers and 
31,000 crew were APP reported by cruise ships. 
 
      5) Airline Liaison Officers (ALOs) 
      ALOs play a key role in protecting Australia's borders 
by preventing and deterring irregular movement of people 
in the region. ALOs conduct document screening of many 
Australia-bound passengers at key international gateways. 
They also provide advice to airlines and host governments on 
passenger documentation issues, and by their visible 
presence, deter the activities of those involved in people 
smuggling. ALOs assist airline check-in staff with 
training and advice about Australia's entry requirements. 
 
      There are currently (as at October 2008) 18 ALOs at 11 
overseas locations, although this number remains flexible 
to enable response to changing situations. In 2007-08, 
Australian ALOs interdicted 143 irregularly documented 
Australia-bound travelers. 
 
      6) Immigration Inspectors at Australia's Border 
      In Australia's layered approach to border processing, 
the border is the final point at which a person's identity 
and authority to remain in Australia can be confirmed prior 
to their entry into the community. 
 
      Upon arrival at Australia's border, the Migration Act 
1958 requires citizens and non-citizens to identify 
themselves to a clearance authority and provide certain 
information to enter Australia. This process is designed 
to regulate the entry of people to Australia and to ensure 
that those who enter have the authority to do so, that 
they are who they claim to be and that they provide other 
information if required. 
 
      In 2007-08, there were a total of 25.7 million 
passenger and crew arrivals and departures. This figure 
comprises   23.6 million air passengers, 1.3 million air 
crew, 90,000 sea passengers and 700,000 sea crew. 1,612 
people were       refused entry at Australia's air and 
seaports during 2007-08. 
 
¶4. (C) There are no political barriers to further cooperation 
with the U.S. with regard to data sharing between GOA and the 
U.S.; the program is in place and active.  GOA legal system 
offers sufficient safeguards for the protection and 
non-disclosure of information. Information sharing between 
GOA agencies is consistent with information sharing between 
government agencies in the U.S. 
 
¶5. (C) GOA defines terrorism under section 100.1 of the 
criminal code as an act done or a threat made with the 
intention of advancing a political, religious or ideological 
cause; and the act is done or the threat is made with the 
intention of coercing, or influencing by intimidation, the 
government of the Commonwealth or a State, Territory or 
foreign country, or intimidating the public or a section of 
the public.